Washington RCW 64.38.055 voids homeowner association covenants prohibiting solar panel installation on owner property statewide, while permitting only reasonable placement rules that do not significantly impair efficiency or increase cost.
RCW 64.38.055 makes void and unenforceable any HOA covenant, restriction, or rule that prohibits solar panel installation on residential property. Associations may adopt reasonable rules regulating placement and dimensions, but rules that increase costs by more than five percent or decrease energy production by more than ten percent are presumed unreasonable. RCW 64.90.510 extends identical protections to condominium associations created under the Washington Uniform Common Interest Ownership Act. Aggrieved owners may seek injunctive relief and recover attorney fees.
HOA enforcement of prohibited solar restrictions exposes the association to injunctive orders, voiding of restrictive covenants, and mandatory attorney fee awards to prevailing homeowners under RCW 64.38.055(3).
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Silverdale, WA
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Kitsap County, WA
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